The Chickasaw messenger. (Okolona, Miss.) 1880-1900, 1887-09-22

t Nt ~ ~
few days ago what the Governor
had 10 do with the Penitontiary
and for what was he censured 10
that connection
We answer, that according TO
the terms Of an act passed in 1877,
the superintendent ofthe Peniten-
tiary and the Governor were au-
thorized to contract with the les
sees ofthe Penitentiary for repairs
and improvements to an amount
not to exceed the sum paid for the
lease per annum (ss9, 42o).
The Governor in his message 70
the Legislaiurcin lss4,-two years
after be went into ofIice,-says:
"Under section 2 ofan Act ap-
proved January 81, 1877, I have
approved during tho past two
years contracts made by the Su-
perintendont OF the Penitentiary
for necessary repairs which aggre-
gate s7,717.78. This sum was
credited on the lease for 1882, and
the balance Of s33,944.3s due on
said lease was, under my direc-
tion, paid into the treasury where
it now awaits your disposition.
Section 3 Of the act aforesaid pro-
vides that "said amounts Of hire
due the State shall not be expend-
cd aud appropriated for any pur-
pose whatever, except as herein
described e., in the improve
ment of the Penitentiary. I earn
estly recommend that this section Be
Immediately repealed. The aufhori-
ty conferred is too great. II gives
the Governor aud Superintendent
Of the Penitentiary the unoondl-
tional disposal, according to their
discretion, Of 500, 10000 yearly.
u
Under their contract, the Lessees
claim the right, and the claim is
sustained by the Attorney-General
to whom I submitted the question,
Of working all convicts, without
regard to the term Of their im-
prisonment, outside the walls Of
the Penitentiary. Ifthis be true,
there riu b. no neei IF any extensive
improUemsafs during the eoatinadacc
Of The present lease, and another
reason is furnished tor the repeal
of this section
In compliance with this recon-
mendation Of the Governor the
Legislature Of 1884 repealed sec
tion 2 and 8 Of tho Act Of 1877,
which authorized the Governor
and Superintendent to contract
with the lessees for any amount
The Act is entitled "an Act IN
relation to the funds arising from
The lease ofthe Mississippi Peni-
tentieryp and was approved
March l2. 1884.
Section loftbis Act reads as
follows:
csc. 4. Be L further enacted.
That sections two and three of an
act entitled "an act to improve the
State Pcnitentiary, and for other
purposes" approved January 81,
1877, be and the same is hereby
repealed"
After the passage Of this act, Of
course there was no authority for
the Superintendent to contract and
the Governor to approve claims
for repairs to the Penitentiary ex-
cept perhaps section 7 Of can Act
defining the duties of tho superin-
tendent Of the Penitentiary" ap-
proved March 9th, 1884, which
reads as follows:
"sEc. 2. Be it further enacted,
That in case Of an accident, to the
Penitentiary buildings or any nee
essary repairs or improvements
actually needed, the Superinten.
dent Of the Penitentiary may con-
tract for such repairs with the ap-
'proval Of the Governor"
It will,be observed that this act
was passed three days before the
act repeating sections 2 and 8 Of
the act Of 1877, and certainly it
cannot be insisted that this law re-
vived those sections. Neverthe-
less the Governor seems to have
thought so fer in his message Of
1886, to the Legislature, he ignores
the acts of 1884, and gravely IN
forms that body thar,
"UDder section 2, Of an act ap-
proved January 81, 1877, (ihe one
repealed by the act 81 March -,
lSe4.-Ed.1 I approved in 1854